JAYPAL Vs. MEHFOOZ KHAN

JUDGEMENT

(1.) THIS appeal is directed against the award passed by the Motor Accidents Claims Tribunal, Seoni, in Claim Case No. 1/97, dated 22-9-1998.

(2.) ACCIDENT took place on 6-9-1996 when claimant was going on his motor-cycle bearing registration No. M. O. C. 8988. When he reached near the curve of Piplawadi Chandan Bagh Road, bus bearing registration No. C. P. Q. 2113 came from opposite direction, driven rashly and negligently, hit the motor-cycle resulting in serious injury to the left foot of the claimant. The bus is owned by M/s. Hemandas and Bros. , drive by Mehfooz Khan and insured with the New India Assurance Co. Ltd. Allegation is that accident occurred due to the negligence of bus driver who was driving it rashly and negligently. As a result of this accident, claimant suffered great pain and incurred expenses, engaged persons to look after him, travel for treatment, spent on medicine, special diet, etc. etc. Compensation of Rs. 5,65,613/- has been claimed.

(3.) THE defence taken is that accident occurred due to the negligence of the claimant, who was driving the motor-cycle rashly and negligently. Motor-cycle hit the bus and broke its head-lights. The claimant did not suffer injuries in this accident. Insurance Company has stated that the vehicle was not insured with it and driver did not possess valid driving licence at the time of accident for this reason, it is not liable to pay the compensation.